HomeMy WebLinkAboutCOW 2006-06-26 Item 4C - Agreement - Standby Power Upgrade Consulting with Abacus Engineered Systems COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 06-075 (ORIGI1i IAL AGENDA DATE: JUNE 26, 2006
AGENDA ITEM TITLE Standby Power Upgrades Consultant's Agreement with Abacus Engineered Systems.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 6/26/06 Mtg Date 7/10/06 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date:
SPONSOR El Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PTY/
SPONSOR'S This contract is for design services for the Standby Power Upgrade Project. Currently our
SUMMARY four fire stations, City Hall and the 6300 Building do not have adequate standby power
resources. The predesign report will analyze the existing conditions of the distribution
systems of the six facilities, provide recommendations for standby power upgrades to
those systems and note budget and priorities. Abacus conducted work on Tukwila's
Emergency Operations Center and performed well on that project.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA'Z'E: 6/12/06
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize Mayor to sign the consultant's agreement with Abacus.
CommrrrEE Unanimous approval; forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$50,485.00 $140,000.00
Fund Source: 303 Minor Facilities Improvements (page 72, 2006 CIP)
Comments: Engineering Budget of $140, 000 is listed from the CIP page.
MTG. DATE 1 RECORD OF COUNCIL ACTION
6/26/06 1
7/10/06 1
MTG. DATE ATTACHMENTS
6/26/06 1 Information Memo dated June 8, 2006
Consultant Agreement with Scope of Work
Transportation Committee Meeting Minutes from June 12, 2006
7/10/06 1
INFORMATION MEMO
To:
From:
Date:
Subject:
Mayor Mullet
Public W orks Directo~
June 8, 2006
Standby Power Upgrades
Consultant Agreement
Project No. 06-BGOl
ISSUE
Contract to design Standby Power Upgrades for six City facilities, including Fire Stations 51-54,
City Hall, and the 6300 Building.
BACKGROUND
Abacus Engineered Systems was selected out of a competitive interview process to perform the
design services associated with the Standby Power Upgrade project. Other fIrms solicited for
proposals included HDR Engineering, Gray & Osborne, and Casne Engineering. Of the four
fIrms, two fIrms, Casne and Gray & Osborne did not respond. The other two, Abacus and HDR,
scheduled on-site tours of our facilities in order to gather information for their respective
proposals. During the proposal development stage, HDR informed us that due to their current
workload, they would not be able to complete and submit a formal proposal. This left Abacus as
the only fIrm to submit a proposal and their qualifIcations.
Abacus previously conducted work for the City on the standby power project for the E.O.C.
Generator, a project that went very well. Their performance during that project clearly
demonstrated an ability to bring an intelligent and innovative approach to the table. This has given
us the confIdence that they will again help us achieve a successful conclusion to a standby power
project.
ANALYSIS
At the moment, our Fire Stations, City Hall, and the 6300 Building do not have adequate standby
power resources. This project seeks to bring these facilities up to a condition where they could
function for brief periods of time when standby power is required. Allowing these facilities to
remain fully functional, when standby power is required, is a fundamental part of enabling the City
to function in a safe and efficient manner.
The proposed amount for Abacus to provide design services is $50,485.00. Attached is the
Consultant Agreement for Services document, as well as their scope and fee located in Exhibit A
and B respectively. This project is funded from the 303 Fund, Facilities.
RECOMMENDATION
Approve the consultant agreement with Abacus Engineered Systems to perform the Standby Power
Upgrade project design services in the amount of $50,485.00.
RP:rp
attachment: Consultant Agreement with Scope and Fee
(p:ProjectslA- BG Projecrs\06BGOl\Standby Power Upgrade Info Memo, Abacus)
CONSULTANT AGREEMENT FOR
STAND-BY POWER UPGRADE SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein-after referred
to as "the City", and Abacus, hereinafter referred to as "the Consultant", in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform (see attached
proposal), services in connection with the project titled City of Tukwila Stand-by Power
Upgrades.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Time for Performance. Work under this contract shall commence upon the giving of written
notice by the City to the Consultant to proceed. The Consultant shall perform all services and
provide all work product required pursuant to this Agreement within 120 calendar days from
the date written notice is given to proceed, unless an extension of such time is granted in
writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $50,485.00 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment is provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and state for a period of three (3)
years after final payments. Copies shall be made available upon request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully obserVe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this Agreement.
7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability,
including attorney's fees, arising from injury or death to persons or damage to property
occasioned by any negligent act, omission or failure of the Consultant, its officers, agents and
employees, in performing the work required by this Agreement. With respect to the perform-
ance of this Agreement and as to claims against the City, its officers, agents and employees,
the Consultant expressly waives its immunity under Title 51 of the Revised Code of
Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the
obligation to indemnify, defend and hold haqnless provided for in this paragraph extends to
any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually
negotiated by the parties. This paragraph shall not apply to any damage resulting from the
sole negligence of the City, its agents and employees. To the extent any of the damages
referenced by this paragraph were caused by or resulted from the concurrent negligence of the
City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid
and enforceable only to the extent of the negligence of the Consultant, its officers, agents and
employees.
8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance, with a minimum coverage of $500,000 per
occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/
aggregate for property damage, and professional liability insurance in the amount of
$1,000,000 per occurrence and annual aggregrate.
Said general liability policy shall name the City of Tukwila as an additional named insured
and shall include a provision prohibiting cancellation of said policy except upon thirty (30)
days prior written notice to the City. Certificates of coverage as required by this section shall
be delivered to the City within fifteen (15) days of execution of this Agreement.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde-
pendent contractor with respect to the services provided pursuant to this Agreement. Nothing
in this Agreement shall be considered to create the relationship of employer and employee
2
between the parties hereto. Neither the Consultant nor any employee of the Consultant shall
be entitled to any benefits accorded City employees by virtue of the services provided under
this Agreement. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to the Consultant, or any
employee of the Consultant:
10. Covenant Against Contingent Fees. The Consultant warrants that they have not employed
or retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that they have not paid or agreed to pay any
company or person, other than a ponafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, color, national origin, religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
.13. Non-Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to
enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to
recover its costs, including reasonable attorney's fees, incurred in such suit from the losing
party .
3
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
~ I ~ao,JD A.J'6". ~
Svln"" ~I
<;..-wtn.E" I \<.I,.. 'fSf04
, 17. Integrated Agreement. This Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the City and the Consultant and supersedes all
prior negotiations, representations, or agreements written or oral. This Agreement may be
amended only by written instrument signed by both the City and the Consultant.
DATED this
day of
,20
CITY OF TUKWILA
CONSULTANT
Steven M. Mullet, Mayor
'7~-
Printed Name: t ~
-
...
Ii- u>>.6'JL-
Title: 'J),#~
Attest! Authenticated:
Approved as to Form:
Jane E. Cantu, CMC, City Clerk
Office of the City Attorney
4
8Uildli1(J Solutions. Toge!l13r.
401 Second Avenue South
Suite 201
Seattle, WA 98104
206 . 583 - 0200 TEL
208 - 583 - 8826 FAX
www.abacus-engr.com
May 26, 2006
Mr. Ryan Partee
Mr. Bob Giberson
Public Works Department
City of Tukwila
6300 Southcenter Blvd., Suite 100
Tukwila, Washington 98188-25~4
EXHIBIT
A
SUBJECT:
City of Tukwila Standby Power Upgrades
Fee Proposal
Dear Mr. Partee and Mr. Giberson:
We are please to submit this proposal to provide engineering services for the above referenced
project. Please consider this letter and the attached documents as our proposal for the
predesign of this project.
Scope of Work - General
This proposal identifies the scope of work, proposed deliverables and fee estimates for the
predesign of new standby power generators and electrical distribution system upgrades to six
buildings for the City of Tukwila. The predesign report will analyze the existing conditions 0 the
standby and normal distribution systems of four fire stations, City Hall and the 6300 Building,
provide recommendations for upgrades to those systems and note budget and priorities for
those upgrades.
Scope of Work and Deliverables- Basic Services
The scope of work includes the following:
A. Compile and Digest Existing Information
1. Scope includes: Reviewing record drawings, field investigation and documentation of
existing conditions of the normal and standby power distribution systems, interviews
with city staff and Authority Having Jurisdiction (AHJ), load demand inputs, and one
kick-off meeting with the City. Project may include metering of existing electrical
distribution panels or switchboards. This work will be subcontracted out to a testing
firm, if required, with analysis by Abacus. We have included a budgeted allowance for
this metering in this proposal, but the value will need verification after it is determined
what exactly requires metering.
B. Develop Program
1. Scope includes: Meetings with city staff and key users, determining existing and future
electrical power loads, cost estimating to develop budget, preliminary equipment sizing
and selection, determining best means of integrating standby power into the existing
electrical distribution systems and studying priorities and options for construction of
proposed improvements.
2. Deliverables include:
a. Project requirements document, describing the City's goals for the project and
specific design inputs.
b. Program document, documenting outputs of the programming determinations.
City of Tukwila Standby Power Upgrades
Fee Proposal
May 26, 2006
Page 2 of 3
C. Pre-Design Preparation
The predesign report will be prepared in a format agreed to by the City.
1. The general format for that report is as follows:
a. Executive Summary to include:
1) Introduction
2) Project Scope Description
3) Project Construction Budget
4) Schedules
5) Assumptions
b. Project Analysis to include:
1) Project DescriRtion
2) Project Goals .
3) Project Background
4) Recommended Project Proposal
5) Alternatives Considered
6) Project Management
7) Summary of Risks to Project
2. Scope for the predesign report preparation activities includes: preparation of report
outline, compilation of parts A and B, above into pre-design document, preparation of
the predesign report narrative information, preparation of conceptual electrical room
layouts and one-line diagrams, preparation of 90% and final predesign reports and
review and presentation meetings with the City. The level of detail for this work is
conceptual in nature.
3. Deliverables include:
a. Outline report
b. Prepare pre-design narrative .
c. Preliminary (90%) Submittal of predesign report
d. Final Submittal of predesign report
Optional Services Not Included In Fee
A. Schematic Design Phase Services
B. Design Development Phase Services
C. Construction Documentation Phase Services
D. Construction Administration Phase Services
E. Architectural, Civil or structural engineering services
F. Geotechnical Services
G. Hazardous Materials professional services and surveys
City of Tukwila Standby Power Upgrades
Fee Proposal
May 26, 2006
Page 3 of 3
Schedule
The following schedule is based upon agreement execution by 7/4/06.
Duration Proposed Proposed
Phase and Task (Days) Start date Completion
Pre-Desian Phase:
Kick-Off MeetinCl w/ City 1 5/18/2006 5/19/2006
Contract Approval 35 5/30/2006 7/4/2006
Notice to Proceed 1 7/5/2006 7/5/2006
Coordination and Discover} 28 7/5/2006 8/2/2006
Preliminarv review/coordination meetina 1 8/2/2006 8/2/2006
Pre-DesiCln Preparation Phase 28 8/2/2006 8/30/2006
90% Pre-Desian Submittal 1 8/30/2006 8/30/2006
Owner Review 14 8/30/2006 9/13/2006
Review Meetina 1 9/13/2006 9/13/2006
Pick-up Comments 14 9/13/2006 9/27/2006
Final Pre-Design Submittal 1 9/27/2006 9/27/2006
Thank you for the opportunity to provide engineering and architectural services to the City. This
fee proposal is valid for a period of thirty (30) calendar days.
Sincerely,
Abacus Engineered Systems
A division of T C Americas, Inc.
dan Lerner
Director of Consulting Engineering
ENCLOSURES:
Fee breakdown work sheet
cc: file
A B A ( U S'
Engineered Systems
BUiitJll1fJ So!ulions. TvgeJhsf.
401 Second Avenue South
Suite 201
Seattle, WA 98104
206 - 583 . 0200 TEL
206 - 583 - 8826 FAX
www.abacus-engr.com
EXHIBIT 'b
Fee
A. Stipulated Sum Amount (A detailed fee breakdown work sheet is attached):
1. Electrical Engineering Services ........................ ........... ......... ..........$ 39,985
B.
Estimated Expenses (Invoiced at cost + 10%):
1. Metering of Existing Electrical Equipment......................................$
2. Printing and other expenses...........................................................$
10,000
500
TOTAL.... ............................. .......... ........................................................$ 50,485
C. Additional Services: Based on hourly rates (noted in fee breakdown). Fee must be
approved in writing prior to our proceeding with the work. These services become part of
this contract and thereby subject to the same contractual stipulations.
D. Interest: Payments are due and payable thirty (30) days from the date of the invoice.
Amounts unpaid sixty (60) days after the invoice date shall bear an interest rate of 1.5%
per month.
E. Sales Tax: Should Abacus be liable for any additional tax, duty or tariff, related to the
subject matter of this agreement, Owner is obligated for the same. Therefore, Abacus
should be equitably reimbursed for any additional tax, duty or tariff assessed in addition to
those currently in effect or for any tax, duty or tariff retroactively determined to be due on
services rendered, or on products delivered by Abacus to the Owner.
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Transportation Committee
June 12, 2006 - 5:00 p.m.
Present:
Joe Duffie, Chair; Pam Carter, Joan Hernandez
Kevin Fuhrer, Bob Giberson, Frank Iriate, Gail Labanara, Ryan Partee, Cindy
Knighton, Diane Jenkins, and Dale Cummings, Metro.
Presentations:
A. iSiqnaFM Flashinq Bus Stop Beacon by Dale Cumminqs from Kino County Metro
King County Metro will be installing 13 solarpowered beacons/Carmanah iSignals ™ at existing flag
posts along Route 150 as part of the bus zone improvements project. Also, three new bus shelters
and solar lighting are planned at some existing bus shelters. The locations for the iSignals were
selected by driving Route 150 at night. A maintenance vehicle will be used to install the posts so as
not to block an active lane of travel or sidewalk. The iSignal includes a blinking LED light that allows
bus passengers to notify the oncoming bus that they are waiting for the bus in the evening. Two
years ago, Pierce Transit installed 200 of these units which resulted in high satisfaction among bus
drivers and customers. Last year, Metro received approximately 1,000 complaints of missed
boardings. Pam suggested to inch.lde Metro's phone number on the posts to allow riders to call if
they need information. Concern wks raised regarding the bus stop at Fort Dent (located next to a
ditch). It was noted that the City is planning to widen Interurban Ave. and put in curbing and a
sidew91k in 2QO~.J::1ut interim measures will be explored to improve safety at this bus stop.
Information Only.
Business Aqenda
~
A. Tukwila Urban Center Access Proiect (Klickitat) Consultant Aqreement for LID Special Benefit
Study and Riqht-of-Wav Acquisition Assistance
Last fall, the City of Tukwila contracted with Macaulay & Associates to determine the feasibility of an
LID (Local Improvement District) for Klickitat. The next step will provide an approximate amount on
how much each parcel would be assessed in the LID - approximately 300 parcels. Full assessments
will not be done on each parcel but rather a sampling. The final assessment will be determined upon
completion of the project. The proximity of the parcel will be assessed a higher assessment than
those parcels further away from the project. Also, the term of the LID would affect the assessment
(e.g., if the LID was 10, 15, or 20 years). All costs incurred by the City that are associated with the
LID can be folded into the LID assessments. It was noted that rights-of-way would also need to be
acquired. HNTB, the City's lead consultant on the project, has retained a firm to assist in the
acquisition since they are unable to negotiate both a purchase price and conduct a fair market
assessment; this would be a conflict of interest. This contract also includes $9,000 for three separate
summary appraisals. Pam suggested that a "101 class" in the formation of LIDs be offered at an
upcoming Committee of the Whole meeting. Unanimous approval, forward to COW.
B. Standby Power UpQrades Project Consultant Aqreement (Fire Stations. City Hall, and 6300
8uildin~)
Abacus Engineered Systems was selected to perform a feasibility and priority report for the Standby
Power Upgrade Project. In the event of an emergency, the fire stations, City Hall, and the
6300 Building do not have adequate standby power (up to 72 hours). Portable generators are
available at some sites to only open up bay doors at the fire stations. Joan asked about capability at
the Minkler shops and was told that we just purchased the Teamster's generator for Minkler.
Unanimous approval, forward to COW,
Adjournment: 5:45 p.m.
~ Committee Chair Approval
~'
Minutes by DJ, Reviewed by GL.